Merrill Schumacher v. HHS - Influenza, brachial neuritis (2018)

Filed 2016-12-30Decided 2018-06-19Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

On December 30, 2016, Merrill Schumacher filed a petition for compensation under the National Vaccine Injury Compensation Program. The petitioner alleged that she suffered from brachial neuritis and other injuries as a result of an influenza vaccine administered on or about October 23, 2015.

The respondent denied that the influenza immunization caused the petitioner's brachial neuritis or any other injury, and further denied that the petitioner's alleged current disabilities were a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on June 19, 2018, agreeing to settle the issues and award compensation to the petitioner.

The stipulation awarded a lump sum of $150,000.00, payable to the petitioner by check, representing compensation for all damages. Special Master Thomas L.

Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with the stipulation. Petitioner's counsel was William Cochran of Black McLaren, et al, PC.

Respondent's counsel was Colleen Hartley of the United States Department of Justice.

Theory of causation

Petitioner Merrill Schumacher alleged injury from an influenza vaccine administered on or about October 23, 2015, resulting in brachial neuritis. Respondent denied causation. The parties filed a joint stipulation on June 19, 2018, agreeing to settle the claim. The stipulation awarded a lump sum of $150,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury.

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